Employment, Labour & Industrial Law
Labour law & Industrial Laws also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees.
We at B. Pramanik & Associates have dedicated and experienced professionals who regularly advise domestic as well as international clients on the multi-faceted aspects of employment, Industrial relations and Indian labour laws.
The Firm routinely deals with labour law cases pertaining to the Industrial Disputes Act, 1947, Minimum Wages Act, 1948, Payment of Wages Act, 1936, Payment of Gratuity Act, 1972, Workmen’s Compensation Act, 1923, etc. before the High Court of Delhi as well as the Central Administrative Tribunal, Principle Bench, Delhi. We also represent clients before Labour Courts as well as Industrial Tribunals in Delhi.
Our team of Employment and Labour Law is highly skilled in dealing with matters pertaining to industrial relations, contract labour which include registration of Principal Employer as well as claims for regularization. From drawing up documentation to ensuring regulatory compliance, our team is well-versed with the prevailing Employment laws, laws relating to industrial relations and Indian Labour Laws. The Firm is proficient in assisting its clients in navigating and implementing the compliances under the Code on Wages, 2019, Occupational Safety, Health and Working Conditions Code, 2020, the Code on Social Security, 2020 and the Industrial Relations Code, 2020.
Services provided by the Firm includes:
- Assisting our clients with drafting and reviewing employment agreements, contracts of employment, termination agreements, settlement agreements, non-compete and non-solicitation agreements, non-disclosure agreements, intellectual property assignment agreements etc.
- Providing comprehensive assistance in dealing with the impact of corporate restructuring on employment conditions and also provides legal advice on employment and human capital issues that may occur in merger and acquisition activities, as well as post-acquisition integrations.
- Assisting our clients in drafting offer letters, appointment letters and formulating various company policies such as employment policies, Human Resource policies, Employee Stock Option and Share Plans, employee handbooks/staff manuals, company manuals, etc.
- Representing and assisting our clients in various labour law cases and employment disputes arising out of transfer, promotion, increment, employee benefits, overtime pay policy, retirement benefits, pension, insurance, medical leave, disability income protection, organizational restructuring, outsourcing, lay-offs in workforce as well as in industrial disputes such as strike, lockout, retrenchment, settlement, closure of establishment, discharge simpliciter, termination and dismissal by way of punishment etc.
- Representing our clients in disciplinary proceedings arising out of misconduct, absenteeism, theft, etc.
- Handling disputes related to industrial relations and employment conditions including policies dealing with sexual harassment, human resources, discrimination, employees’ rights, employee privacy, family and medical leaves, wage issues, overtime pay, collective bargaining, wrongful discharge, whistleblower actions, conducting inquiries and disciplinary action, etc.
- Drafting of Employment Standing Orders and providing legal advice on issues under Employees Provident Fund Scheme, 1952.
- Advisory on industrial relations and labour laws such as closure of establishments and voluntary retirement schemes which may be suggested to workers at a time when companies are looking to downsize.
- Conducting due diligence for labour and employment to provide legal advice to our clients on aspects such as termination and other compliances.
- Advising our clients on data protection and privacy issues as well as trade secret protection issues. and
- Representing and assisting our clients in drafting legal notices, show cause notices, suits, petitions, interlocutory applications, criminal complaints pertaining to employment as well as industrial disputes.